MAHENDER KUMAR MALHOTRA vs RAMPRASTHA PROMOTERS PRIVATE LIMITED

RE-OPENED

Order reserved. Matter to come up on 27.05.2025 for pronouncement of orders on the main complaint.

Due to lack of quorum, the matter is adjourned to 25.03.2025 for the purpose as already fixed.

The complainants have filed an application under Section 36 of the Act, 2016, seeking interim directions to restrain the respondent from creation of third-party rights in respect of their unit. These applications filed in complaints  appearing at Sr.No.25 to 41, 45 to 51, 53 to 72 and 74 to 76 are taken together being similar in nature.   The counsel for the complaints states that that the respondent No.1 had issued only receipt of the amount deposited towards the booking of the plot in the project Ramprashta City,  Gurugram with assurance that respondent would allot a specific plot number to the complainants and execute the BBA. Further  states that the  respondents have violated the provisions of section 11(3), 11(4)(a), 11(4)(h), 19(1), 19(2) and 19(3) of the Act, 2016. The complainants have an apprehension that the respondent have no intention to give possession of the plot. . As per the information available on the website of the Ministry of Corporate Affairs, basis statutorily mandated fillings by the respondents with the Registrar of Companies, Govt. of India, the respondents have create changes on its assets (land) comprised in the project. This information relating to the respondents finances and accounts has a material bearing on the project and potential for impinging the rights of the complainants in the project including availability of land therein for allotment to the allottees. The respondents without allotting specific plots to the complainants are selling plots to other allottees and creating third party rights over the plots in the project. On the contrary, the counsel for the respondents state that no plots are being sold by the respondents but there are thousands of allottees who themselves may be selling their plots in the market.  The respondents are directed to file reply to the application filed by the complainant under section 36 of the Act within a period of 15 days with an advance copy to the counsel for the complainants. Matter to come up on 25.2.2025 before full bench for further proceedings.

Similar matter are listed before the full bench on 14.01.2025,  hence this case be also listed before the full bench on that date. Matter to come up on 14.01.2025 before the full bench for the purpose already fixed.

Memorandum of appearance filed on behalf of the respondents. Reply not filed. Adjournment requested. Now the case is adjourned for  04.12.2024.                Respondent is directed to file reply within three weeks of this order, in the registry with advance copy to the complainant, and in case reply not filed within three weeks of this order then reply be filed with cost of Rs. 5,000/- to be paid to the complainant.